The Comptroller-General of Customs has forwarded me the following memorandum for advice:
Section 217A of the Navigation Act reads as follows:
Legal Opinions
Opinion Number. 1186
Subject
| Date
NAVIGATION AND SHIPPING
IMPLEMENTATION OF THE CONVENTION FOR SAFETY OF LIFE AT SEA
Key Legislation
NAVIGATION ACT 1912, s. 217A: CONVENTION FOR SAFETY OF LIFE AT SEA (1914). Art. 11
Opinion Number. 1187
Subject
| Date
NATIONALITY
PERSON DIVORCED FROM BRITISH SUBJECT IN UNITED STATES: PRESUMPTION THAT COURT HAD JURISDICTION: SUBSEQUENT MARRIAGE TO PERSON WHO LATER REVERTED TO GERMAN NATIONALITY
Key Legislation
The Acting Deputy Comptroller-General of Customs and Public Trustee has requested advice as to the nationality of Mrs K.G.S.
It appears from the file submitted-
Opinion Number. 1188
Subject
| Date
COMMONWEALTH IMMUNITY FROM STATE LAWS
STATE LAW REQUIRING PERSON TO PAY MORE TAX BY REASON OF HOLDING COMMONWEALTH SECURITIES EXEMPT FROM STATE TAXATION: WHETHER LAW IS ULTRA VIRES STATE PARLIAMENT
Key Legislation
INCOME TAX ACT 1902 (QLD), s. 7 (Ij (vii): INCOME TAX ACT AMENDMENT ACT 1921 (QLD). s. 3 (4)
The Secretary to the Treasury has forwarded to me the following letter from the Taxpayers Association of Queensland and requests advice as to the validity of section 3 (4) of the Queensland Act No. 19 of 1921:
Opinion Number. 1189
Subject
| Date
COMMONWEALTH IMMUNITY FROM STATE LAWS COMMONWEALTH OFFICERS CARRYING PISTOLS IN COURSE OF DUTY: WHETHER PERMIT UNDER STATE LAW REQUIRED
Key Legislation
CONSTITUTION, s. 109: FIREARMS ACT 1921 (VIC), ss. 22, 23, 25
The Secretary, Prime Minister's Department, has referred for advice the follow-ing minute by the Secretary, Department of Defence:
It has been the practice for the Receiver of Public Moneys attached to this Department to carry an automatic pistol when collecting moneys from the Common-wealth Bank for the purposes of protection against attack.
Opinion Number. 1190
Subject
| Date
WAR TERMINATION DATE
WHETHER PROCLAMATION OF TERMINATION OF WAR APPLIES TO AGREEMENT WITH BANKS
Key Legislation
TERMINATION OF THE PRESENT WAR (DEFINITION) ACT 1919, s. 3
The Secretary to the Treasury has forwarded me the following minute for advice:
Included in the Agreement entered into between the Commonwealth Treasurer and the Associated Banks in October 1914, there is a clause (0, reading:
Opinion Number. 1191
Subject
| Date
ENEMY DEBTS
DATE UP TO WHICH INTEREST RAN ON DEBTS DUE BY BRITISH NATIONALS IN AUSTRALIA TO GERMAN NATIONALS IN GERMANY
Key Legislation
TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY {1919}, Art. 296, Annex, paras I, 6, 22
The Controller of the Clearing Office (Enemy Debts) has forwarded for advice a file of papers under cover of the following memorandum:
These papers relate to the fixing of the date up to which interest in favour of Germany shall run in respect of debts due by British nationals in Australia to German nationals in Germany pursuant to the provisions of Article 296 of the Treaty of Versailles.
Opinion Number. 1192
Subject
| Date
ENEMY PROPERTY: NATURALIZATION
GERMAN-BORN SON OF NATURALIZED PERSON: RETURN TO GERMANY AND SERVICE IN GERMAN ARMY: WHETHER DEEMED TO BE NATURALIZED
Key Legislation
NATURALIZATION ACT 1903, s. 10: TREATY OF PEACE REGULATIONS, reg. 20
The Acting Comptroller-General and Public Trustee has requested advice as to whether A.B.C. Jnr should be regarded as being on 10 January 1920 a German national whose property, rights and interests in the Commonwealth or any Territory under the authority of the Commonwealth were subject to the charge established by regulation 20 of the Treaty of Peace Regulations (Statutory Rules 1920, No. 25).
From the file submitted the facts appear to be as follows:
Opinion Number. 1193
Subject
| Date
COMMONWEALTH IMMUNITY FROM STATE LAWS
BILLS OF LADING TO WHICH COMMONWEALTH IS A PARTY: INSURANCE POLICIES ISSUED TO COMMONWEALTH: APPLICABILITY OF STATE STAMP DUTY
Key Legislation
The Secretary, Department of Defence, has forwarded me the following memorandum for advice:
With reference to your opinion of 4 November(1) relative to the abovementioned subject in which an opinion was given regarding the liability of the Commonwealth for stamp duty under the New South Wales Act, I shall be glad if you will advise me of the position of the Commonwealth in the other States in order that District Finance Officers may be advised.
BILLS OF LADING
Opinion Number. 1194
Subject
| Date
ENEMY PROPERTY
DATE OF VALUATION OF EXPROPRIATED PROPERTIES IN NEW GUINEA
Key Legislation
EXPROPRIATION ORDINANCE 1921 (No.2) (N.G.): TREATY OF PEACE BETWEEN THE ALLIED AND ASSOCIATED POWERS AND GERMANY (1919), Art. 297 (b), (c); Section IV, Annex, para. 4
The Secretary, Prime Minister's Department, has submitted to me for advice the following memorandum by the Technical Adviser on New Guinea:
Opinion Number. 1195
Subject
| Date
NAVAL FORCES OF COMMONWEALTH
PENSIONER OF ROYAL NAVY ENGAGED TO SERVICE IN TORPEDO SCHOOL TENDER: POWERS OF NAVAL BOARD TO EMPLOY ELSEWHERE IN TIME OF WAR
Key Legislation
NAVAL DEFENCE ACT 1910, ss. 20, 31. 33, 36
The Secretary to the Navy Office has submitted the following memorandum for advice:
I am commanded by the Naval Board to forward herewith, for your information, copy of a letter received from Messrs Malleson Stewart & Company, Solicitors, 46 Queen Street, Melbourne, acting on behalf of Mr A.B. of 27 Prince's Terrace, St Kilda Road, Melbourne, formerly a Chief Engine Room Artificer in the Royal Australian Navy, who claims compensation in respect of his removal from the Naval Depot, Williamstown, to the Royal Australian Naval College, Jervis Bay, in July 1916.